Emergencies and the limits of legality
By: edited by Victor Ramraj.
Contributors: Ramraj, Victor Vridar, 1968-
Publisher: Cambridge University Press
Published: 2008
Place of publication: Cambridge; New York
Language: eng
Number of pages: 415
ISBN-13: 9780521895996
Subjects: War and emergency powers
Description: "Most Modern States turn swiftly to law in an emergency. The global response to the September 11, 2001 attacks on the United States was no exception and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out of historical and contemporary events, that even the most well-meaning executive, armed with emergency powers, will abuse them. And this inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state, but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis."--BOOK JACKET.
Notes: Includes index.

Includes bibliographical references and index.
Table of contents: title: No doctrine more pernicious? : emergencies and the limits of legality / Victor V. Ramraj; title: The compulsion of legality / David Dyzenhaus; title: Extralegality and the ethic of political responsibility / Oren Gross; title: Emergency logic : prudence, morality, and the rule of law / Terry Nardin; title: Indefinite detention : rule by law or rule of law? / R. Rueban Balasubramaniam; title: The constitutional politics of emergency powers : some conceptual issues / Mark Tushnet; title: A topography of emergency power / Nomi Claire Lazar; title: Law, terror and social movements : the repression-mobilisation nexus / Colm Campbell; title: Emergency strategies for prescriptive legal positivists : anti-terrorist law and legal theory / Tom Campbell; title: The ordinary law of emergencies and democratic derogation from rights / Kent Roach; title: Presidentialism and emergency government / William E. Scheuerman; title: Necessity, torture, and the rule of law / A.P. Simester; title: Deny everything : intelligence activities and the rule of law in times of crisis / Simon Chesterman; title: Exceptions, bare life, and colonialism / Johan Geertsema; title: The struggle over legality in the midnight hour: governing the international state of emergency / Kanishka Jayasuriya; title: Inter arma silent leges? : black hole theories of the laws of war / C.L. Lim.